Regina v Teo - Sentence [2014] SBHC 30; HCSI-CRC 311 of 2012 (2 May 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)
Criminal Case No. 311 of 2012

REGINA

v

HICKSON TEO

Date of Sentencing Hearing : 29 April 2014
Date of Sentence : 2 May 2014

Ms Ngava for the Prosecution
Mr. Jr Brook for the Defence

SENTENCE

The Defendant, Hickson Teo, is convicted of one count of rape. This is a very serious offence with sentence of life imprisonment. However, this court bears in mind that the prescribed sentence is reserved for the worst cases of the offence. The court will only assess the sentence to be imposed on the Defendant upon the factual basis of his offence.

The Victim in this case is Pricilla Jonas aged 15 years. She was a grade 6 primary school student when the offence occurred. She stooped down rinsing and scrubbing clothes at the side of the river when the Defendant saw her. She wore a skirt. He approached her from rear and blindfolded her with a cloth and pulled her to the bush. She feared that she would be killed. She resisted him but he overpowered her by stepping on her legs which caused her to fall to the ground on her back. He quickly mounted her, positioned himself while she was crying, and penetrated her vagina with his penis a number of times. He ejaculated in her vagina. He heard the voice of the victim's mother talking some distance away, so he left the victim and escaped. A medical doctor examined the genetalia of the victim and produced a report (Exh.1), after the incident. The Report showed evidence of recent vaginal penetration and a fresh graze with fresh blood at perineum.

The Defendant has been placed in police custody since he was arrested on 13 October 2012. He has no previous convictions. He is afforded credit for admitting that he had sexual intercourse with the victim during the trial. He is hopeful that he would return to school to complete his electrician studies after this case.

The Defendant is sentence to three year's imprisonment for this offence. This sentence is to start from 13 October 2012. Order accordingly.

THE COURT